A. 
Where the Planning Board finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter or the purpose of this chapter may be served to a greater extent by an alternative proposal, it may grant a waiver to this chapter so that substantial justice may be done and the public interest secured, if such waiver does not have the effect of nullifying the intent and purpose of this chapter. The Planning Board shall not grant a waiver unless it finds, based upon the evidence presented to it in each specific case, that:
(1) 
The granting of the waiver will not have an adverse effect on adjacent property or on the public health or safety;
(2) 
The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not generally applicable to other land in the area;
(3) 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the subdivider would result, as distinguished from a mere inconvenience, if the strict letter of this chapter is carried out; and
(4) 
The waiver will not in any manner vary the provisions of Chapter 138, Zoning, or the intent of the Comprehensive Plan or Official Map.
B. 
A request for any waiver shall be submitted in writing by the subdivider with the preliminary plat. The request shall state fully the grounds for the request and all of the facts relied upon by the subdivider.
C. 
A waiver must be approved by a vote of four members of the Planning Board. The Planning Board shall state upon its records the reasons for which a waiver is granted in each case. In approving a waiver, the Planning Board may require such conditions that will, in its judgment, substantially conform to the objectives of the standards or requirements of this chapter.
The Planning Board may designate a representative or representatives to enforce the provisions of this chapter. Said designated representative(s) may cause any place, premises or work to be inspected or examined, order the cessation of any work when any condition is found to violate this chapter and order the remedy of any such condition. The Planning Board may institute an action or proceeding to prevent or restrain any such work or to correct or abate any such condition. In addition to any civil or criminal penalties or other remedies as may be provided by law, a violation of this chapter may be enforced by mandatory or other injunctive relief.
A. 
Any subdivider committing an offense against any of the provisions of this chapter or article, as the case may be, shall be guilty of an unclassified misdemeanor under the Penal Law and, upon conviction thereof, shall be punishable for each offense by a minimum fine of $250, such fine not to exceed $1,000, or by imprisonment of not more than 15 days, or both. Each week of such offense shall constitute a separate violation.
B. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town and a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
This chapter shall take effect immediately as provided by law and shall be applied to any application filed on or after December 1, 1987, for:
A. 
Approval of a preliminary plat of a major subdivision or minor subdivision; and
B. 
Approval of a final plat of a minor subdivision for which no preliminary plat was filed prior to December 1, 1987.